HBA-JRA C.S.S.B. 368 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 368 By: Harris Juvenile Justice and Family Issues 5/7/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the child support division of the Office of the Attorney General (division) is responsible for enforcing certain child support cases. After an extensive review process, suggestions were made to the division on updating and creating an efficient process for collecting and distributing child support payments. C.S.S.B. 368 makes statutory modifications to implement the child support enforcement provisions of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, grants rulemaking authority, and creates civil and criminal penalties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Title IV-D agency and bureau of vital statistics in SECTION 34 (Section 160.215, Family Code), and the Title IV-D agency in SECTIONS 49, 50, and 64 (Section 231.108, 231.115, and 234.006, Family Code) SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 101, Family Code, by amending Sections 101.021 and 101.024, and adding Sections 101.0021 and 101.0302, as follows: Sec. 101.0021. BUREAU OF VITAL STATISTICS. Defines "bureau of vital statistics." Sec. 101.021. OBLIGEE. Redefines "obligee." Sec. 101.024. PARENT. Redefines "parent." Sec. 101.0302. STATE DISBURSEMENT UNIT. Defines "state disbursement unit." SECTION 2. Amends Sections 102.009(a) and (b), Family Code, to entitle the Title IV-D agency (agency), rather than the attorney general, to service of citation if the petition requests the termination of the parent-child relationship and support rights have been assigned to the Title IV-D agency, rather than assigned by the Title IV-D agency. Requires notice to be given to the agency, rather than the attorney general, if the petition requests the recission of a voluntary acknowledgment of paternity. SECTION 3. Amends Section 105.002(b), Family Code, to prohibit a party from demanding a jury trial in a suit to determine parentage under Chapter 160, Family Code. Makes conforming changes. SECTION 4. Amends Section 108.008, Family Code, to provide that a court clerk prepares a report of determination of paternity, rather than a declaration. Deletes the deadline for forwarding a report. Makes conforming changes. SECTION 5. Amends Section 111.001, Family Code, as follows: Sec. 111.001. REVIEW OF GUIDELINES. (a) Requires the standing committees of each house of the legislature having jurisdiction over family law issues to review and revise the guidelines for possession of and access to a child under Chapter 153 and for support of a child under Chapter 154. Deletes text relating to the appointment of an advisory committee to assist the legislature in reviewing the guidelines in this title. (b) Authorizes the lieutenant governor, the speaker of the house of representatives, and the attorney general to each appoint five members to a committee to review and make recommendations on the guidelines for the possession of, access to, and support of a child. Requires the lieutenant governor and the speaker of the house of representatives to each appoint one member who has been appointed as a sole or joint managing conservator of a child and one member who has been appointed as a possessory conservator of a child. Deletes language providing that at least five members of the committee must be or have been managing conservators, possessory conservators, ordered to pay child support, or entitled to receive child support. (c) Requires the lieutenant governor to designate from the committee members the presiding officer of the committee and requires the speaker of the house of representatives to designate from the committee members the assistant presiding officer. Deletes the requirement that guidelines be reviewed at least once every four years. (d) Requires the agency to submit a report to the standing committees of each house of the legislature having jurisdiction over family law issues by December 1 of each oddnumbered year. Sets forth the information the report must contain. SECTION 6. Amends Section 151.002(a), Family Code, to delete the provision that a man is presumed to be the biological father of a child if he consents in writing to be named as the child's father on the child's birth certificate without attempting to marry the mother or if he receives the child into his home before the child reaches the age of majority and openly holds out the child as his biological child. SECTION 7. Amends Section 154.001, Family Code, by adding Subsection (c), as follows: (c) Authorizes the court to render an order providing that a nonparent or agency having physical possession is authorized to receive, hold, or disburse child support payments if neither parent has physical possession or conservatorship of the child. SECTION 8. Amends Sections 154.004 and 154.006, Family Code, Sec. 154.004. PLACE OF PAYMENT. Requires the court to order the payment of child support to, rather than through, a local registry, the Title IV-D agency, or the state disbursement unit, as provided by Chapter 234, as added by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997. Makes conforming changes. Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. Provides that any provision regarding conservatorship of, possession of, or access to a child terminates upon the marriage of the obligor and obligee to each other, unless a nonparent or agency has been appointed conservator of the child under Chapter 153. SECTION 9. Amends Sections 154.242 and 154.243, Family Code, to make conforming changes. SECTION 10. Amends Sections 155.205(a) and (b), Family Code, to make conforming changes. SECTION 11. Amends Subchapter E, Chapter 156, Family Code, by adding Section 156.409, as follows: Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. Authorizes the court to modify a child support order to allow the person having possession of the child to receive and give receipts for payments of child support and to hold or disburse money for the benefit of the child if the sole managing conservator of a child or the joint managing conservator who designates the child's primary residence has voluntarily relinquished the actual care, control, and possession of the child for at least six months. SECTION 12. Amends Section 157.005(b), Family Code, to provide that the court retains jurisdiction until all current child support, medical support, and child support arrears, including interest and any applicable fees and costs, have been paid, rather than if a motion for enforcement requesting a money judgment is filed by a certain date. SECTION 13. Amends Section 157.102, Family Code, to require, rather than authorize, the forwarding of the capias. SECTION 14. Amends Section 157.166(b), Family Code, by amending Subsection (b) and adding Subsection (c), as follows: (b) Provide that if the order imposes incarceration or a fine for criminal contempt, an enforcement order must contain findings which identify the provisions of the order, and the date of each occasion when the respondent's failure to comply with the order was found to constitute criminal contempt. (c) Provides that the enforcement order must state the specific conditions for release, if incarceration is imposed for civil contempt. SECTION 15. Amends Section 157.167, Family Code, by adding Subsection (c), as follows: (c) Authorizes the fees and costs ordered under this section to be enforced by any available means, including contempt. SECTION 16. Amends Section 157.269, Family Code, to provide that a court retains jurisdiction until all current support, medical support, and child support arrearages, including interest and any applicable fees and costs, have been paid, rather than until the arrearages are paid in full. SECTION 17. Amends Section 157.317(a), Family Code, to provide that a child support lien attaches to property not exempt under the Texas Constitution or other law, including a depository account in a financial institution, including a mutual fund money market account, or a retirement plan. Makes conforming changes. SECTION 18. Amends Section 158.003(a), Family Code, to make a nonsubstantive change. SECTION 19. Amends Sections 158.004 and 158.007, Family Code, to make conforming changes. SECTION 20. Amends Sections 158.102-158.104, Family Code, as follows: Sec. 158.102. TIME LIMITATIONS. Authorizes the issuance of an order or writ for income withholding, until any applicable fees and costs have been paid. Makes conforming changes. Sec. 158.103. New title: CONTENTS OF ORDER OR WRIT OF WITHHOLDING. Provides that a writ of withholding must contain only the information that is necessary for an employer or other entity to comply with the existing child support order, including the amount of income to be withheld and remitted. Deletes the requirement that the order state that the obligor is required to notify the court promptly of any change affecting the order and that the ordered amount is required to be paid to a local registry or the agency. Sec. 158.104. New title: REQUEST FOR ISSUANCE OF ORDER OR JUDICIAL WRIT OF WITHHOLDING. Authorizes a request for issuance of a judicial writ of withholding to be filed with a domestic relations office or an attorney representing certain parties. SECTION 21. Amends Section 158.105, Family Code, as follows: Sec. 158.105. New title: ISSUANCE AND DELIVERY OF ORDER OR JUDICIAL WRIT OF WITHHOLDING. Authorizes electronic transmission as a means to deliver an order or judicial writ of withholding. Makes conforming changes. SECTION 22. Amends Section 158.106, Family Code, by amending Subsection (a) and adding Subsection (d), as follows: (a) Requires the agency to prescribe forms as authorized by federal law in a standard format entitled order or notice to withhold income for child support, rather than forms for an order of withholding, a notice of application for judicial writ of withholding, a judicial writ of withholding, and an administrative writ of withholding. (d) Authorizes the forms prescribed by the agency under this section to be used to request voluntary withholding under Section 158.011 (Voluntary Withholding by Obligor). SECTION 23. Amends Section 158.203, Family Code, by amending Subsection (b) and adding Subsections (c) and (d), as follows: (b) Requires an employer to transmit payments made by electronic transfer by the second business day after the pay date. (c) Requires the employer to include the name of the county or the county's federal information processing standard code with each payment transmission. Redesignated from existing Subsection (b). (d) Requires the employer to remit the payment of child support directly to the local registry, the agency, or to the state disbursement unit in a case in which an obligor's income is subject to withholding. SECTION 24. Amends Section 158.210(a), Family Code, to provide that an employer may be subject to a maximum $200 fine for failure to withhold income for child support as instructed in an order or writ issued under this chapter or failure to remit withheld income within the time required by Section 158.203(b) to the payee identified in the order or writ or to the state disbursement unit. SECTION 25. Amends Section 158.211(a), Family Code, to require an obligor to notify the court or the agency if employment is terminated. SECTION 26. Amends Subchapter C, Chapter 158, Family Code, to add Section 158.212, as follows: Sec. 158.212. IMPROPER PAYMENT. Requires an employer who incorrectly remits a payment to the agency or person identified in the order or withholding to remit the payment by the second business date after the date the employer receives the returned payment. SECTION 27. Amends Section 158.312(b), Family Code, to prohibit the filing of a request for issuance prior to the 11th day after the date of receipt of the notice of application for judicial writ of withholding by the obligor. SECTION 28. Amends Sections 158.501 and 158.502, Family Code, as follows: Sec. 158.501. New heading: ISSUANCE OF ADMINISTRATIVE WRIT OF WITHHOLDING BY TITLE IV-D AGENCY. Provides that the agency is the only entity authorized to issue an administrative writ under this subchapter. Makes a conforming change. Sec. 158.502. WHEN ADMINISTRATIVE WRIT OF WITHHOLDING MAY BE ISSUED. Authorizes a writ to be based on an obligation in multiple support orders. Authorizes the agency to issue an administrative writ directing or modifying arrearage withholdings. Authorizes the agency to issue an administrative writ of withholding as a reissuance of an existing order. Exempts the administrative writ under this subsection from the contest provisions of Sections 158.505(a)(2) and 158.506, Family Code. SECTION 29. Amends Sections 158.503(a) and (b), Family Code, to authorize the delivery of an administrative writ of withholding to an obligor and an obligee, and authorizes the electronic signing of the certificate. Makes a conforming change. SECTION 30. Amends Section 158.504(b), Family Code, to authorize an administrative writ of withholding to contain only the information necessary for the employer to comply with the existing support, rather than withholding, order. SECTION 31. Amends Section 158.505(a), Family Code, to provide that Section 158.502(c) provides an exception to the requirement that the agency send the obligor notice of the procedures to contest withholding on the grounds that the identity of the obligor the existence or amount of arrearages is incorrect. Makes a nonsubstantive change. SECTION 32. Amends Section 158.506(a), Family Code, to authorize an obligor who receives notice under Section 158.505, rather than 158.503, Family Code, to request a review by the agency and to provide that Section 158.502(c) provides an exception to this authorization. SECTION 33. Amends Sections 160.001 and 160.004, Family Code, to provides that this chapter governs a suit affecting the parent-child relationship in which the parentage of the biological mother or biological father is voluntarily admitted by the putative father or jointly acknowledge by the mother and putative father. Authorizes the court to render a temporary order authorized in a suit under this title if the man executes a statement of paternity under Subchapter C, Family Code. SECTION 34. Amends Subchapter C, Chapter 160, Family Code, as follows: SUBCHAPTER C. New title: ACKNOWLEDGMENT OR DENIAL OF PATERNITY Sec. 160.201. New title: VOLUNTARY ACKNOWLEDGMENT OF PATERNITY. Authorizes a mother and a man claiming to be the father of a child to execute an acknowledgment of paternity to establish the man's paternity. Deletes text regarding a statement of paternity, an order adjudicating the child to be the child of the father, and a suit for paternity termination. Sec. 160.202. New title: EXECUTION OF ACKNOWLEDGMENT OF PATERNITY. Provides that, if the mother declares in the acknowledgment that there is a presumed father of the child, the acknowledgment must be accompanied by a denial of paternity signed by the presumed father, unless the presumed father is the man who has signed the acknowledgment. Deletes text regarding a waiver of citation and the right to notice of the proceedings. Makes conforming changes. Sec. 160.203. New title: FILING ACKNOWLEDGMENT OF PATERNITY. Requires an acknowledgment of paternity to be filed with the bureau of vital statistics. Prohibits the bureau of vital statistics from charging a filing fee. Deletes text providing that a statement of paternity is prima facie evidence that the child is the child of the person executing the statement, that the person has an obligation to support the child and that the statement is sufficient for a court to render an order establishing the man's paternity. Sec. 160.204. New title: SIGNING OF ACKNOWLEDGMENT OR DENIAL OF PATERNITY. Authorizes the mother's and putative father's signature to be on separate documents for an acknowledgment or denial of paternity document (paternity document). Authorizes the signing of a paternity document prior to the child's birth. Authorizes an adult or a minor to sign a paternity document. Deletes text regarding disputed paternity. Sec. 160.205. New title: EFFECT OF ACKNOWLEDGMENT OF PATERNITY. Provides that a paternity document is a legal finding of paternity upon filing with the bureau of vital statistics, subject to the right to rescind or contest an acknowledgment of paternity under this subchapter. Provides that the paternity document is voidable if the mother or the man claiming to be the father denies the existence of a presumed father. Deletes text regarding a deadline for a statement. Sec. 160.206. SUIT TO RESCIND ACKNOWLEDGMENT OR DENIAL. Authorizes a paternity document signer to file a suit to rescind the paternity document. Sets forth deadlines for the petition to rescind or deny the paternity document. Requires the court to order the bureau of vital statistics to remove the father's name from the child's birth record if a proceeding to rescind a paternity document is filed jointly or agreed to by all necessary parties. Requires the court to conduct a hearing to determine parentage if the proceeding to rescind is not agreed to by all parties. Sec. 160.207. SUIT TO CONTEST ACKNOWLEDGMENT OR DENIAL. Authorizes a person who is authorized to contest a presumption of paternity to contest a paternity document and sets forth guidelines for such a suit. Provides that the burden of proof lies with the party challenging the paternity document. Requires a suit to contest the paternity document to be conducted in the same manner as a proceeding to determine parentage. Provides that a person must bring such a suit by the fourth anniversary of the date the paternity document is filed. Prohibits a suit to contest an unrescinded paternity document from being filed after the date a court has rendered an order based on the paternity document. Prohibits a collateral attack on a paternity document executed under this subchapter from being filed after the fourth anniversary of the date the paternity document is filed with the bureau of vital statistics, notwithstanding any other provision of this chapter. Sec. 160.208. PROCEDURE FOR SUIT TO RESCIND OR CONTEST. Requires each paternity document signer to be made a party to a suit to rescind, contest, or deny the paternity document. Prohibits the court from suspending a legal responsibility arising from the paternity document while a suit is pending. Sets forth provisions for amendments to the birth record subsequent to a determination of paternity or nonpaternity. Sec. 160.209. COURT RATIFICATION. Provides that an unrescinded and uncontested paternity document is valid and effective without court ratification. Authorizes the parentage of a child to be proved in a judicial, administrative, or other proceeding, by evidence that an unrescinded and uncontested paternity document has been filed with the bureau of vital statistics. Sec. 160.210. FULL FAITH AND CREDIT. Requires a paternity document signed in another state to be accorded full faith and credit by the courts of this state if it is in apparent compliance with the other state's law. Sec. 160.211. VALIDATION OF EARLIER STATEMENT. Provides that a paternity statement signed before September 1, 1999, is valid and binding. Sec. 160.212. FORMS FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. Requires the bureau of vital statistics to prescribe forms for complying paternity documents. Sets forth requirements for the forms. Requires the paternity document to inform the putative father that the mother's consent to the paternity document will result in certain actions. Requires the form for denial of paternity to inform the signer of certain actions resulting from consent of the mother. Sec. 160.213. VALIDITY OF FORMS. Provides that the validity of paternity documents is not affected by bureau of vital statistics modifications that occur after the paternity document is signed if the form met the requirements of state law at the time it was signed. Sec. 160.214. RELEASE OF INFORMATION. Requires the bureau of vital statistics to release information relating to the paternity document and the rescinding of a paternity document to the agency and any other person authorized by law. Sec. 160.215. ADOPTION OF RULES. Authorizes the agency and the bureau of vital statistics to adopt rules to implement this subchapter. Sec. 160.216. MEMORANDUM OF UNDERSTANDING. Requires the agency and the bureau of vital statistics to adopt a memorandum of understanding regarding paternity information, and requires these entities to renew or modify the memorandum as necessary. SECTION 35. Amends Section 160.251(d), Family Code, to exempt a man from registering with the paternity registry if he has filed a paternity document under Subchapter C. SECTION 36. Amends Subchapter D, Chapter 160, Family Code, by adding Section 160.2545, as follows: Sec. 160.2545. INFORMATION REGARDING REGISTRY, BIRTH RECORDS, AND ACKNOWLEDGMENTS OF PATERNITY FILED WITH BUREAU OF VITAL STATISTICS. Requires the bureau of vital statistics to search notices on intent to claim paternity filed with the registry, birth records, acknowledgments of paternity, and central file records on receipt of a request for a certificate under Section 160.260, Family Code, and requires the bureau to provide the search results to the requestor. SECTION 37. Amends Section 161.105(b), Family Code, to require the affidavit to contain a statement that an alleged father has executed an acknowledgment, rather than a statement, of paternity. SECTION 38. Amends Section 201.102(b), Family Code, to delete text regarding issues that apply to a master appointed under this subchapter. SECTION 39. Amends Section 201.104, Family Code, by amending the heading and adding Subsections (c) and (d), as follows: Sec. 201.104. New title: POWERS AND DUTIES OF MASTER. (c) Authorizes a master to render and sign any order that is not a final order on the merits of the case. (d) Authorizes a master to recommend to the referring court any order after a trial on the merits. SECTION 40. Amends Subchapter B, Chapter 201, Family Code, by adding Sections 201.1041 and 201.1042, as follows: Sec. 201.1041. JUDICIAL ACTION ON MASTER'S REPORT. Requires a master's recommendation to become an order of the referring court by operation of law without ratification by the referring court if an appeal to the referring is not filed or the right to appeal is waived. Provides that a master's report that recommends enforcement by contempt or the immediate incarceration of a party becomes an order of the referring court only if the referring court signs an order adopting the recommendation. Provides that the decisions and recommendations of a master have full force and effect and are enforceable as an order of the referring court during an appeal of the master's report to the referring court, except for a report that recommends enforcement by contempt or immediate incarceration that has not been adopted by the referring court. Sec. 201.1042. APPEAL TO REFERRING COURT. Expands the application of Section 201.015, Family Code, to include an appeal of the master's recommendations. Requires the party appealing the master's recommendations to file notice with the referring court and the clerk of the court. Sets forth deadlines for a release hearing following an appeal. Requires the referring court to determine whether the respondent should be released on bond or whether appearance in court can be otherwise assured. Sets forth provisions for the release of the respondent on bail. Requires the court to give the respondent notice of the hearing in open court, if the respondent is released without posting bond or security. Sets forth provisions for a respondent whose appearance in court cannot be assured by the referring court. SECTION 41. Amends Subchapter B, Chapter 201, Family Code, by adding Section 201.1065, as follows: Sec. 201.1065. SUPERVISION OF MASTERS. Requires certain entities to report a plan to improve masters' efficiency and participation in the child support enforcement program. Sets forth the information the plan must contain. Requires the office of court administration to assist the presiding judges in monitoring the masters' compliance with certain job standards, laws, and policies. SECTION 42. Amends Section 201.107(b), Family Code, to authorize reimbursement for entities appointed under this subchapter, rather than section. SECTION 43. Amends Section 201.111, Family Code, as follows: Sec. 201.111. New title: TIME TO ACT ON MASTER'S REPORT THAT INCLUDES FINDING OF CONTEMPT. Requires the referring court to adopt, approve, or reject the master's report, hear further evidence, or recommit the matter for further proceedings by the 10th, rather than the 30th, day after the filing of a master's report recommending a finding of contempt. SECTION 44. Amends Subchapter B, Chapter 201, Family Code, by adding Section 201.112, as follows: Sec. 201.112. LIMITATION ON LAW PRACTICE BY MASTER. Prohibits a master from engaging in the private practice of law. SECTION 45. Amends Section 203.007(a), Family Code, to make a conforming change. SECTION 46. Amends Section 231.0011, Family Code, to delete text relating to the duties of the attorney general and makes conforming changes. SECTION 47. Amends Subchapter A, Chapter 231, Family Code, by amending Sections 231.002 and 231.005, and adding Sections 231.011-231.014, as follows: Sec. 231.002. POWERS AND DUTIES. Requires the agency to respond to a request made by another state for assistance in a Title IV-D case promptly, rather than within five business days. Requires the agency to enforce the child support obligation, in each Title IV-D case in which the total amount of a child support obligor's child support delinquency is at least $5,000 and the obligor owns property in the state or resides in the state, by filing a child support lien under Subchapter G, Chapter 157. Provides that this subsection does not prohibit the agency from filing a child support lien in any other case in which a lien may be filed under Subchapter G, Chapter 157. Makes conforming and nonsubstantive changes. Sec. 231.005. BIENNIAL REPORT REQUIRED. Requires the Title IV-D agency (agency), designated as the Office of the Attorney General, to report to the legislature biennially on the use and effectiveness of enforcement tools and the progress and impact of using private contractors. Makes conforming changes. Sec. 231.011. INTERAGENCY WORK GROUP. Requires the agency to convene a standing work group (group) to develop and maintain an interagency partnership strategy, and requires the agency's director to lead the group. Sets forth the composition of the groups and requirements for agencies to appoint representatives. Requires a Health and Human Services Commission (HHS) representative's presence in the group when addressing an issue under HHS's authority. Sets forth requirements for the interagency partnership strategy. Requires agency representatives in the group to identify child support services provided by that agency. Sets forth requirements for the state auditor and the State Council on Competitive Government regarding their responsibility to assist agencies and the group. Sec. 231.012. COUNTY ADVISORY WORK GROUP. Requires the agency's director to establish a county advisory work group (advisory group) to assist in modifying child support programs that affect counties. Sets forth the required composition of the advisory group. Requires the agency's director to consult with certain entities prior to appointing advisory group members. Requires the agency's director to determine the composition and leadership of the advisory group. Sets forth required actions of the advisory group. Prohibits a work group member, or the member's designee from receiving compensation, but entitles the individual to reimbursement for certain expenses. Provides that the work group is not an advisory committee as defined by Section 2110.001, Government Code. Exempts the work group from being subject to regulations of Chapter 2110 (State Agency advisory Committees), Government Code. Sec. 231.013. INFORMATION RESOURCES STEERING COMMITTEE. Sets forth required actions of an information resources steering committee appointed by the agency. Requires the steering committee to include a senior management executive representing each significant function of the agency, and authorizes the steering committee to include other certain persons. Requires the agency director to appoint steering committee members subsequent to consultation with the Department of Information Resources. Sec. 231.014. PERSONNEL. Requires the agency director to provide information regarding employment requirements, responsibilities, and standards of conduct, to certain entities. SECTION 48. Amends Section 231.106(b), Family Code, to prohibit the clerk from requiring an order of the court to terminate the assignment and direct support payments to the person entitled to receive the payment. SECTION 49. Amends Section 231.108, Family Code, by adding Subsection (f), as follows: (f) Authorizes the agency, by rule, to provide for the release of information to persons for purposes not prohibited by federal law. SECTION 50. Amends Subchapter B, Chapter 231, Family Code, by amending Sections 231.112, 231.115 and 231.117, and adding Sections 231.118-231.120, as follows: Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. Makes a conforming change. Sec. 231.115. NONCOOPERATION BY RECIPIENT OF PUBLIC ASSISTANCE. Requires the agency to identify the actions or failures to act by a recipient of public assistance that constitute noncooperation with the agency, adopt rules governing noncompliance, and send noncompliance determinations to the Texas Department of Human Services (DHS) to impose sanctions. Sec. 231.117. UNEMPLOYED NONCUSTODIAL PARENTS. Authorizes a court or the agency to issue an order requiring the parent to take certain actions towards the payment of overdue support. Redesignated from existing Section 231.115. Sec. 231.118. SERVICE OF CITATION. Authorizes the agency to contract with private process servers to serve certain required documents. Provides that a document server under this section is authorized to serve documents without a written court order authorizing the service. Sets forth provisions for the issuance and return of the process. Sec. 231.119. OMBUDSMAN PROGRAM. Requires the agency to establish an ombudsman program to process and track complaints against the agency. Sets forth requirements for the agency director. Requires the agency to develop and implement a uniform ombudsman process, and sets forth requirements for that process. Requires each ombudsman to oversee complaint filing and resolution. Requires the agency to maintain a file on each complaint and sets forth requirements for the file. Requires the agency to notify the complainant and other entities of the status of the complaint, and creates an exception. Requires the agency to provide the complainant and other entities with a copy of the agency's complaint policies. Sec. 231.120. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. Requires the agency to maintain a toll-free number for employers responsible for withholding child support, and requires the agency to inform employers about the existence of the toll-free number. SECTION 51. Amends Section 231.204, Family Code, to prohibit an appellate court or a clerk of an appellate court from charging certain entities with certain fees. SECTION 52. Amends Section 231.301, Family Code, to require the parent locator service conducted by the agency to be used for child support and paternity establishment. Authorizes certain persons to receive information under this section. SECTION 53. Amends Section 231.305, Family Code, to require the agency and DHS to do the following: quickly forward information regarding child support collection to the agency, develop training programs to enhance information collection, develop a deadline to respond to a complying and a noncompliance sanction request, develop certain performance measures, and to prescribe a forwarding information deadline and determine what constitutes complete information. Requires the agency and DHS to review and renew the memorandum by January 1 of each even-numbered year, rather than semiannually, and as necessary. SECTION 54. Amends Section 231.307, Family Code, by amending Subsections (c) and (d) and adding Subsection (e), as follows: (c) Authorizes the agency to enter into an agreement with one or more states to create a consortium for data matches authorized under this section. Authorizes the agency to contract with a vendor selected by the consortium to perform data matches with financial institutions. (d) Created from existing text. (e) Redesignated from existing Subsection (d). SECTION 55. Amends Section 232.003(a), Family Code, to authorize a court or the agency to issue an order suspending a license as provided by this chapter if an individual who is an obligor has met certain conditions, including having been provided an opportunity to make payments toward the child support arrearage under a court order or an agreed repayment schedule. Deletes the provision that this is without regard to whether the repayment schedule was agreed to or ordered before or after the date the petition for suspension of a license was filed. SECTION 56. Amends Section 232.004(b), Family Code, to authorize a petition to be filed with the court of continuing jurisdiction or the tribunal in which a child support order has been registered. Provides that the tribunal in which the petition is filed obtains jurisdiction over the matter. SECTION 57. Amends Section 232.008(a), Family Code, to add establishing an affirmative defense as provided by Section 157.008(c) to the list of actions an individual may take to prevent the agency from rendering an order suspending the individual's license on making the findings required by Section 232.003. SECTION 58. Amends Section 233.001, Family Code, by amending Subsection (b) and adding Subsection (c), as follows: (b) Deletes text regarding information in the registry required by 42 U.S.C. Section 654a(e) concerning the parent's case. Makes conforming and nonsubstantive changes. (c) Requires the state case registry to provide the information described by Subsection (b) to a domestic relations office or friend of the court that requests information regarding a case described by Subsection (a), to the extent permitted by federal law. SECTION 59. Amends Section 233.005, Family Code, to authorize the initiation of an administrative action by a notice of proposed child support review under Section 233.0095, Family Code. SECTION 60. Amends Chapter 233, Family Code, by adding Section 233.0095, as follows: Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER IN CASES OF ACKNOWLEDGED PATERNITY. Authorizes the agency to serve a father who signs a paternity document, with a notice of proposed child support review order. Sets forth requirements of the proposed child support review order. Authorizes the agency to schedule a negotiation conference without a request from a party. Requires the agency to schedule a negotiation conference on the timely request of a party. Authorizes the agency to conduct a negotiation conference through certain formats, and adjourn the conference to permit mediation of certain unresolved issues. SECTION 61. Amends Section 233.018, Family Code, as redesignated by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, to provide that the statement that must be included with a child support review order may be underlined. Authorizes the parties to sign a waiver of service along with an agreement to appear in court at a specified date and time for a determination by the court of all unresolved issues if a negotiation conference results in an agreement on some but not all issues in the case. Provides that notice of the hearing is not required. SECTION 62. Amends Section 233.019(c), Family Code, to make a conforming change. SECTION 63. Amends Section 233.020, Family Code, to authorize a petition for confirmation of a child support review order not agreed to by the parties to include a waiver of services executed under Section 233.018(b) and an agreement to appear in court for a hearing. Makes a conforming change. SECTION 64. Amends Subchapter A, Chapter 234, Family Code, by amending Sections 234.001234.003, and adding Sections 234.006-234.008, as follows: Sec. 234.001. New title: ESTABLISHMENT AND OPERATION OF STATE CASE REGISTRY AND STATE DISBURSEMENT UNIT. Requires the state case registry to maintain records of child support orders established or modified on or after October 1, 1998. Requires the state disbursement unit to receive, maintain, and furnish records of child support payments and make certain information available to a local registry each day in a manner determined by the agency with the assistance of the work group established under Section 234.003. Deletes text regarding monitoring support payments and initiating enforcement actions. Makes conforming and nonsubstantive changes. Sec. 234.002. INTEGRATED SYSTEM FOR CHILD SUPPORT AND MEDICAL SUPPORT ENFORCEMENT. Makes a conforming change. Sec. 234.003. WORK GROUP; COOPERATION REQUIRED. Requires the work group to meet at least quarterly. Provides for the expiration of this section December 31, 2000. Makes conforming and nonsubstantive changes. Sec. 234.006. EFFECTIVE DATE AND PROCEDURES. Requires the agency, in cooperation with the work group, to adopt rules, in compliance with federal law, establishing definitions for, and the date of and the procedures for the operation of the state case registry and the state disbursement unit and the return of payments made in error or delivered to the state disbursement unit with insufficient information for disbursement. Sec. 234.007. NOTICE OF PLACE OF PAYMENT. Requires the agency to notify the courts of the establishment of the disbursement unit, and requires certain orders of the court subsequent to notification. Requires the agency to issue a notice of place of payment informing the obligor, obligee, and employer, that income withheld for child support is to be paid to the state disbursement unit. Requires the filing of the notice with certain entities. Sets forth requirements for the notice. Requires the clerk of the court to appropriately file the notice upon its receipt. Sec. 234.008. DEPOSIT, DISTRIBUTION, AND ISSUANCE OF PAYMENTS. Requires the state disbursement unit to distribute the payment to the agency or the obligee by the second business day after the date it receives a child support payment. Requires the state disbursement unit to deposit daily all child support payments in a trust fund with the state comptroller. Authorizes the state disbursement unit to issue checks from the trust fund, subject to the agreement of the comptroller. SECTION 65. Amends Section 192.002, Health and Safety Code, by adding Subsection (d), as follows: (d) Requires the mother's and father's social security number to be made available to the federal Social Security Administration. SECTION 66. Amends Section 192.0051, Health and Safety Code, as follows: Sec. 192.0051. New heading: REPORT OF DETERMINATION OF PATERNITY. Requires a clerk to forward the report for each decree that became final in that court to the state on completion of the report, rather than by the 10th day of each month. Makes conforming and nonsubstantive changes. SECTION 67. Amends Section 192.006, Health and Safety Code, by adding Subsection (e), as follows: (e) Authorizes a supplementary birth certificate to be filed in accordance with board rules for a person whose parentage is determined by a paternity document. SECTION 68. Amends Subchapter A, Chapter 192, Health and Safety Code, by adding Section 192.012, as follows: Sec. 192.012. RECORD OF ACKNOWLEDGMENT OF PATERNITY. Requires a person who is responsible for filing a birth certificate, if the mother of a child is not married to the father of the child, to provide an opportunity for the child's mother and putative father to sign a paternity document and provide oral and written information to the child's mother and putative father about establishing paternity and the availability of child support services. Requires the local registrar to transmit the paternity document to the state registrar. Requires the state registrar to record the information contained in the paternity document and transmit the information to the agency. Authorizes the agency to use the information for any purpose directly connected with providing child support services. SECTION 69. Amends Sections 193.001(b) and (c), Health and Safety Code, to require the recording of the social security number on certain documents regarding the death. Makes conforming changes. SECTION 70. Amends Section 31.0032(a), Human Resources Code, to require the Department of Protective and Regulatory Services to immediately apply appropriate sanction or penalties, except as provided by Section 231.115, Family Code, after an investigation by the agency. Makes conforming changes. SECTION 71. Amends Sections 31.0033(a) and (c), Human Resources Code, to prohibit the imposition of sanctions on a showing of good cause for noncompliance. Includes the agency in certain powers and responsibilities. SECTION 72. Amends Section 411.127, Government Code, to define "Title IV-D agency" in this section. Makes conforming and nonsubstantive changes. SECTION 73. (a) Requires the attorney general to redesign and improve the child support enforcement program. (b) Sets forth provisions regarding the attorney general's involvement with child support enforcement. Limits the subjects the Sunset Advisory Commission is authorized to review. (c) Requires the Sunset Advisory Commission to analyze certain actions of the attorney general. (d) Creates a deadline for the attorney general to report improved performance regarding the child support enforcement program. Requires the attorney general's child support enforcement division to collect and report on certain information. (e) Provides that the attorney general's involvement in child support enforcement matters is not abolished under Chapter 325, Government Code (Texas Sunset Act). (f) Sets forth the attorney general's required duties in child support enforcement related matters. (g) Requires the Sunset Advisory Commission to report required findings to the 77th Legislature, Regular Session, 2001. SECTION 74. (a) Requires the attorney general's child support enforcement division (division) to investigate revenue sources for the child support program. Sets forth required guidelines for the investigation. Sets forth requirements of the cost-benefit analysis. (b) Requires the division to report its findings to the Sunset Advisory Commission, and other authorities by October 15, 2000. SECTION 75. Repealer: Sections 158.505(c) (regarding a writ of withholding) and160.002(c), (regarding authorization to bring a suit to establish paternity at any time), Family Code, and Sections 192.003(e), (f), and (g), Health and Safety Code (relating to the recordation of a paternity document). SECTION 76. (a) Effective date: September 1, 1999. (b) Requires the interagency work group to develop the partnership strategy required by Section 231.011, Family Code, by January 1, 2000. (c) Requires the county advisory work group to complete the state-county support improvement plan by January 1, 2000. (d) Requires the agency and the Texas Department of Human Services to update the memorandum of understanding by January 1, 2000. (e) Makes application of this Act prospective to January 1, 2001. SECTION 77. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds a new SECTION 5, which amends Section 111.001, Family Code, to require the standing committees of each house of the legislature having jurisdiction over family law issues to review and revise the guidelines for possession of and access to a child under Chapter 153 and for support of a child under Chapter 154. For more information, please the Section-by-Section Analysis portion of this document. The substitute redesignates SECTION 7 of the original to SECTION 8 (Section 154.004, Family Code) and modifies it to add a reference to Chapter 234, as added by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997. The substitute redesignates SECTION 19 of the original to SECTION 20 and modifies Section 158.103, Family Code, to restore the language of the existing law and amend it to provide that a writ of withholding must include the amount of income to be withheld and remitted. The original deleted all of the specific requirements relating to information to be contained in a writ of withholding. The substitute adds a new SECTION 21 (Section 158.105, Family Code), which was included in SECTION 19 of the original and further amends it to restore existing Subdivision (b), requiring the clerk to attach a copy of Subchapter C to the order or writ. The substitute redesignates SECTION 20 of the original to SECTION 22 ( Section 158.106, Family Code) and modifies it to add Subsection (d), to authorize the forms prescribed by the agency under this section to be used to request voluntary withholding under Section 158.011 (Voluntary Withholding by Obligor). The substitute redesignates SECTION 23 of the original to SECTION 25 (Section 158.211(a), Family Code) and modifies it to delete the proposed amendment to Subsection (b), which would have authorized failure to inform an employer of the order or writ of withholding to be punished as contempt. The substitute adds a new SECTION 26 (proposed Section 158.212, Family Code), which was included in SECTION 23 of the original (SECTION 25 of the substitute). The substitute redesignates SECTION 28 of the original to SECTION 31 and modifies Section 158.505(a), Family Code, to provide that Section 158.502(c) provides an exception to the requirement that the agency send the obligor notice of the procedures to contest withholding on the grounds that the identity of the obligor or the existence or amount of arrearages is incorrect. The substitute redesignates SECTION 29 of the original to SECTION 32 (Section 158.506(a), Family Code) and modifies it to provide that Section 158.502(c) provides an exception to the authorization of an obligor who receives notice under Section 158.505, Family Code, to request a review by the agency. The substitute redesignates SECTION 31 of the original to SECTION 34 and modifies proposed Section 160.205, Family Code, to provide that the legal finding of paternity is subject to the right to rescind or contest an acknowledgment of paternity under this subchapter. The substitute modifies proposed Section 160.207, Family Code, to prohibit a suit to contest an unrescinded acknowledgment of paternity from being filed after the date a court has rendered an order based on the acknowledgment of paternity and to prohibit a collateral attack on an acknowledgment of paternity executed under this subchapter from being filed after the fourth anniversary of the date the acknowledgment of paternity is filed with the bureau of vital statistics, notwithstanding any other provision of this chapter. The substitute modifies proposed Section 160.209, Family Code, by deleting the proposed section, which would have prohibited a court from ratifying an unrescinded paternity document. The substitute adds a new Section 160.209 to provide that an unrescinded and uncontested paternity document is valid and effective without court ratification and to authorize the parentage of a child to be proved in a judicial, administrative, or other proceeding, by evidence that an unrescinded and uncontested paternity document has been filed with the bureau of vital statistics. The substitute redesignates SECTION 34 of the original to SECTION 37 (Section 161.105(b), Family Code) to require the affidavit to contain a statement that an alleged father has executed an acknowledgment, rather than a statement or acknowledgment, of paternity. The substitute redesignates SECTION 37 of the original to SECTION 40 and modifies proposed Section 201.1041, Family Code, to provide that a master's report that recommends enforcement by contempt or immediate incarceration does not have full force and effect unless the referring court signs an order adopting the master's recommendation. The substitute modifies proposed Section 201.1042 by deleting the prohibition against the repeal of a pretrial or temporary order rendered and signed by a master. The substitute redesignates SECTION 38 of the original to SECTION 41 and modifies proposed Section 201.1065, Family Code, to provide that the plan must contain written personnel performance standards, rather than establish meaningful personnel performance standards; specify that the performance evaluations must be annual; ensure accountability of the masters for complying with statutes regarding a minimum 40-hour workweek and working hours under Chapter 658 (Hours of Labor), Government Code; and require, rather than include, a uniform process for receiving, handling, and resolving complaints. The substitute redesignates SECTION 40 of the original to SECTION 43 (Section 201.111, Family Code) to require the referring court to take action by the 10th, rather than the 30th, day after the filing of a master's report recommending a finding of contempt. The substitute adds a new SECTION 44 to add Section 201.112, Family Code, to prohibit a master from engaging in the private practice of law. The substitute redesignates SECTION 43 of the original to SECTION 47 and modifies proposed Section 231.002, Family Code, to require the agency to enforce the child support obligation, in each Title IV-D case in which the total amount of a child support obligor's child support delinquency is at least $5,000 and the obligor owns property in the state or resides in the state, by filing a child support lien under Subchapter G, Chapter 157. The substitute also provides that this subsection does not prohibit the agency from filing a child support lien in any other case in which a lien may be filed under Subchapter G, Chapter 157. The substitute adds new SECTION 54, which amends Section 231.307, Family Code, to authorize the agency to enter into an agreement with one or more states to create a consortium for data matches authorized under this section. The substitute also authorizes the agency to contract with a vendor selected by the consortium to perform data matches with financial institutions and makes nonsubstantive changes. The substitute adds a new SECTION 55, which amends Section 232.003(a), Family Code, to authorize a court or the agency to issue an order suspending a license as provided by this chapter if an individual who is an obligor has met certain conditions, including having been provided an opportunity to make payments toward the child support arrearage under a court order or an agreed repayment schedule and delete the provision that this is without regard to whether the repayment schedule was agreed to or ordered before or after the date the petition for suspension of a license was filed. The substitute adds a new SECTION 57, which amends Section 232.008(a), Family Code, to add establishing an affirmative defense as provided by Section 157.008(c) to the list of actions an individual may take to prevent the agency from rendering an order suspending the individual's license on making the findings required by Section 232.003. The substitute redesignates SECTION 51 of the original to SECTION 58 (Section 233.001, Family Code), and modifies it by adding Subsection (c), to require the state case registry to provide the information described by Subsection (b) to a domestic relations office or friend of the court that requests information regarding a case described by Subsection (a), to the extent permitted by federal law. The substitute adds a new SECTION 61, which amends Section 233.018, Family Code, as redesignated by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, to provide that the statement that must be included child support review order may be underlined. The substitute also authorizes the parties to sign a waiver of service along with an agreement to appear in court at a specified date and time for a determination by the court of all unresolved issues if a negotiation conference results in an agreement on some but not all issues in the case and provides that notice of the hearing is not required. The substitute redesignates SECTION 55 of the original to SECTION 63 (Section 233.020, Family Code) and modifies it to amend Subsection (a), as well as Subsection (b), to authorize a petition for confirmation of a child support review order not agreed to by the parties to include a waiver of services executed under Section 233.018(b) and an agreement to appear in court for a hearing. The substitute redesignates SECTION 56 of the original to SECTION 64 and modifies Section 234.001 to require the state disbursement unit to make certain information available to a local registry each day in a manner determined by the agency with the assistance of the work group established under Section 234.003. The substitute modifies Section 234.006 to require the agency, in cooperation with the work group, to adopt rules that establish the definitions for, and the date and procedures for the return of payments made in error or delivered to the state disbursement unit with insufficient information for disbursement. The substitute modifies proposed Section 234.008 by changing the section title to "Deposit, Distribution, and Issuance of Payments" from "Distribution and Return of Payments." The substitute requires the state disbursement unit to deposit daily all child support payments in a trust fund with the state comptroller and authorizes the state disbursement unit to issue checks from the trust fund, subject to the agreement of the comptroller. The substitute deletes the provisions for the return and remittance of payment regarding failure to process child support payments or insufficient information. The substitute deletes SECTION 57 of the original, which would have amended Subtitle D, Title 5, Family Code, by adding Chapter 237 (Registration of Private Child Support Collection Entities). Chapter 237 would have placed responsibility for the registration of collection entities with the agency; required the agency, by rule, to adopt fees; set forth registration procedures; set forth procedures for the cancellation of and claim against a surety bond and the term of a surety bond; set forth the requirements of a contract for child support collection services; set forth disciplinary actions; and set forth remedies and prohibited practices. The substitute deletes SECTION 58 of the original, which would have amended Section 191.028, Health and Safety Code, to authorize a correcting certificate to be filed to correct birth record errors within a certain time frame, subject to rules adopted by the Texas Department of Health, and authorized certain entities to issue the corrected certificate without being required to issue a copy of the original certificate with an amending certificate attached. The substitute redesignates SECTION 59 of the original to SECTION 65 and modifies Section 192.002, Health and Safety Code, to add the proposed provisions as a new Subsection (d), rather than amending Subsection (c). The substitute restores the existing text of Subsection (c) relating to signatures and enforcement. The substitute deletes SECTION 60 of the original, which would have amended Sections 192.003(e) and (g), Health and Safety Code, to require a certain person to provide an opportunity for the child's mother and putative, rather than biological, father to sign a paternity document as provided by Subchapter C, Chapter 160, Family Code, and to provide oral information to the parents and deleted text regarding the birth certificate and signed consent forms. The substitute deletes SECTION 61 of the original, which would have amended Section 192.005, Health and Safety Code, to require the completion of items on a birth certificate if the father and mother signed an acknowledgment of paternity form, rather than the birth certificate, under Subchapter C, Chapter 160, Family Code; required the state registrar to issue a supplementary birth certificate, under certain conditions; and deleted text authorizing the father of a child with no presumed father to acknowledge paternity by signing the birth certificate or acknowledging paternity in accordance with Section 160.202, Family Code. The substitute redesignates SECTION 63 of the original to SECTION 67 (Section 192.006, Health and Safety Code) and modifies it to add Subsection (e) to authorize a supplementary birth certificate to be filed for a person whose parentage has been determined by a paternity document, rather than amending Subsection (a) to authorize a supplementary birth certificate to be issued if the child's parents get married after the child is born, if the child's parentage is determined by a paternity document, if the parent-child relationship is terminated, if the child is adopted, or if the child's parentage is determined by the agency or a court. The substitute adds a new SECTION 68 which amends Subchapter A, Chapter 192, Health and Safety Code, by adding Section 192.012, to require a person who is responsible for filing a birth certificate, if the mother of a child is not married to the father of the child, to provide an opportunity for the child's mother and putative father to sign a paternity document and provide oral and written information to the child's mother and putative father about establishing paternity and the availability of child support services. The substitute also sets forth the procedures for recordation and uses of the paternity document. The substitute redesignates SECTION 67 of the original to SECTION 72 (Section 411.127, Government Code), to restore the existing section title and delete proposed Subsection (b) which would have entitled the agency to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency, criminal histroy record information regarding an applicant for registration under Chapter 237, Family Code, as a child support collection entity or an employee of the entity, including an owner, officer, or investigator. The original would also have prohibited the agency from requesting information until an application seeking registration as a child support collection entity had been filed with the agency. The substitute redesignates SECTION 70 of the original to SECTION 75 and modifies it to repeal Sections 192.003(e), (f), and (g), Health and Safety Code, as well. The provisions of these subsections are contained in SECTION 68 (Section 192.012, Health and Safety Code) of the substitute. The substitute redesignates SECTION 71 of the original to SECTION 76 and modifies it by deleting Subsections (f)-(h) which would have required the agency to adopt rules by May 1, 2000; provided that the effective date for Section 237.101 and Subchapter G, Chapter 237, Family Code, is January 1, 2001; and made application of this Act prospective, in certain situations. The substitute also redesignates SECTIONS 5, 6, 8-18, 21, 22, 24-27, 30, 32-37, 39, 41, 42, 44-49, 50, 52, 53, 54, 62, 64-66, 68, 69, and 72 of the original to SECTIONS 6, 7, 9-19, 23, 24, 27-30, 33, 35-40, 42, 45, 56, 48-53, 56, 59, 60, 62, 66, 69-71, 73, 74, and 77.